Maryland

Surrogacy Law in Maryland

Maryland Surrogacy Law: Types of Surrogacy

In Maryland, gestational surrogacy is implicitly permissible as of 2003, when the Court of Appeals of Maryland ruled that a lower court erred in not letting a gestational surrogate be removed as “mother” from a birth certificate.

In Maryland, traditional (genetic) surrogacy is legally risky, as the sort of compensation that is customary in surrogacy arrangements was deemed illegal. Parents (typically the Intended Mother) wishing to work with a traditional surrogate would have to adopt the child after birth.

We strongly recommend retaining legal counsel, knowledgeable of reproductive law when working with a surrogate in Maryland.

Are There Surrogate Requirements in Maryland?

No specific legal requirements exist to serve as a gestational surrogate in the state of Maryland.

Does Maryland Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Maryland have been known to grant pre-birth orders, but the likelihood of obtain a parentage order depends on the court.

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Unmarried heterosexual couples, using an egg or sperm donor
Same sex couples, using an egg or sperm donor
Single parents using an egg or sperm donor

No

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Unmarried heterosexual couples, using an egg or sperm donor
Same sex couples, using an egg or sperm donor
Single parents using an egg or sperm donor

No

Whose names go on the birth certificate in Maryland?

Same-sex parents are listed on a birth certificate as “parent and parent.”

 

International same-sex male couples can receive an initial birth certificate naming the biological father and the gestational surrogate. Amendments can be made to the birth certificate that name both fathers without the gestational surrogate.  In addition, for same-sex couples, Maryland’s Division of  Vital Records  will honor a second parent adoption from another state and amend birth records accordingly.

Surrogacy Conditions for Same-Sex Couples in Maryland

Are There Options for Unmarried Intended Parents in the state of Maryland?

Egg Donation Law

There are no laws governing donor rights to donated eggs or sperm in Maryland, so proceed with caution.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Maryland*

Nicole K. White, Esq.
Kinsley Law Group
4800 Hampden Lane, Suite 200
Bethesda, MD 20814
Phone: 301.968.1630
http://www.kinseylawgroup.com

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.